TUPE Redundancy please help

maggiemoo55

Recently we lost a big contract and were tupe'd which is fine and we were to be given a redundancy package.
I am a part time worker (as were the majority of people who worked the contract) and am disabled, therefore unable to work full time.
There is to be a run off for the contact for another year and the company require 14 people for this. They only want full time workers, so the majority of people including myself cannot apply. Bearing in mind that we all know the contract the 14 jobs are mostly to be given to temps.
We also have to sign a legal document (we've not seen this yet) to say "we cant come back to the company for anything else". The company have no other reason not to have me as one of the 14 as I exceed all my stats.
My questions are;
1) Am I being discriminated against because I cant work full time because of my disability?
2) Does anyone else know of signing a legal doc when you are a part of tupe?

getmore4less

Recently we lost a big contract and were tupe'd which is fine and we were to be given a redundancy package

This needs clarification
If tuped over then there is no redundancy at point of transfer.

If the new company wants to make everyone redundant and employ others to do the job then they will need to do this properly.
Certainly need to challenge the need to change from part timers to full timers.

Any compnay can have any policy on reemploying after making people redundant, not sure what the point of signing something is, clarfify what this is for and what is says.

maggiemoo55

It is quite complicated. The new company are doing everything correctly as far as we can see. They have offered work but it is too far away.

It's my old company who are doing the run off for the contract who want only 14 full timers. As the majority of us are part timers we feel we are being victimised.

I am a disabled worker and desperately want to stay with my old company and do the run off but cannot physically work full time.
As for the legal document none of us have seen it yet and believe its a gagging contract were we cant come back to our old company for anything which makes us think the old company are doing something wrong. Solicitors will be present when we sign.

getmore4less

If you have TUPEd you no longer work for the old company.

If the TUPE does not happen till the contract runs out(a year) then it looks like you may have a claim if the old company trys to get rid of you.


Might be worth post on the redundancy forum this area of law is messy.